Related to: U.S. Supreme Court

United States Supreme Court Decides That IDEA’s Exhaustion Requirement Does Not Apply When the Only Relief Sought is Money Damage

On March 21, 2023, the United States Supreme Court issued its decision in Perez v. Sturgis Public Schools. The case raised the question of whether a plaintiff is required to exhaust the administrative processes under the Individuals with Disabilities Education Act (IDEA) when the remedy a plaintiff seeks is not available under the IDEA. This…

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The U.S. Supreme Court Rendered a 6-3 Decision in Kennedy v. Bremerton School District, 597 U.S.

On June 27, 2022, the U.S. Supreme Court rendered a 6-3 decision in Kennedy v. Bremerton School District, 597 U.S. ___ (2022), where it held the Free Exercise and Free Speech Clauses of the First Amendment protects an individual engaging in sincerely motivated religious exercise and private speech from government punishment. The Court ultimately found…

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Wisconsin Supreme Court Provides Clarity to the Test for Arrest and Conviction Discrimination

On March 10, 2022, the Wisconsin Supreme Court handed down a decision in Cree, Inc. v Labor and Industry Review Com’n, 2022 WI 15, that directly impacts how employers must understand their obligations to avoid arrest and conviction discrimination under Wis. Stat. § 111.335(3)(a)1. In 2015 Cree, Inc., interviewed Derrick Palmer for the position of…

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The U.S. Supreme Court Rules that a Board’s Verbal Censure of its Board Member’s Speech Does Not Violate the First Amendment

On March 24, 2022, the U.S. Supreme Court held in a unanimous decision that an elected body can censure other members of the same body for their speech, without running afoul of First Amendment protections. The case is Houston Community College System v. Wilson, ___ S.Ct. ___, 2022 WL 867307 (2022).  As we discussed in…

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Biden Administration Abandons Shot-or-Test Mandate For Large Businesses

The Biden Administration has withdrawn its Covid shot-or-test mandate for large businesses.  The mandate, issued by OSHA through an Emergency Temporary Standard (ETS), requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all employees.  That requirement went into effect on January 10, 2022. …

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By Reinstating the Stay of President Biden’s Shot-or-Test Mandate The Supreme Court Signals the End of the OSHA ETS; but, OSHA Enforcement of COVID Mitigation Measures Continues

On the afternoon of Thursday, January 13, 2022, the U.S. Supreme Court reinstated the stay blocking implementation of President Biden’s Shot-or-Test Mandate.  The mandate, issued by OSHA through an Emergency Temporary Standard (ETS) requires all employers with 100 or more employees to implement a policy requiring Covid vaccinations or masking and weekly testing for all…

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